When a marriage is contracted secretly (*sirr*) with a *mahr*, and then contracted openly (*'alanayatan*) with a different *mahr*, which *mahr* is obligatory?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The *mahr* stipulated in the public contract is obligatory. This is the apparent view in the statement of Al-Khiraqi, attributed to Ahmad in the narration of Al-Athram, and is the position of Al-Sha'bi, Ibn Abi Layla, Al-Thawri, and Abu Ubayd. This view is based on the principle that if the man made an additional tender (*bathl*) beyond the secret *mahr* by contracting openly, that additional amount becomes obligatory upon him, similar to increasing the stipulated dower.
Supporting text
Al-Qadi holds that the *mahr* with which the marriage was contracted, whether secretly or openly, is the obligatory one. This position is also held by Sa'id ibn Abd al-Aziz, Abu Hanifa, Al-Awza'i, and Al-Shafi'i, among others, based on the premise that the open contract is not a new contract that establishes an obligation. If the secret *mahr* was greater than the public *mahr*, the secret *mahr* is due because it was established by a contract and not nullified by the subsequent one. If the parties agreed on a lower amount secretly and then contracted publicly for a higher amount (like agreeing on one thousand secretly and contracting for two thousand), then two thousand is due because it is a valid specification in a valid contract.